This is a guide explaining when you may be able to seek compensation for injuries you sustained in an accident in a garden. While in a garden, either as part of your job or as a member of the public, you could be exposed to risks associated with faulty equipment or poorly maintained facilities. If you are injured as an employee or public member, you may be able to make a personal injury claim. However, you need to meet certain requirements to do so. We will explore these in further detail throughout our guide.
This guide will look at the duty of care you’re owed as a member of the public and as an employee. It will also provide examples of how you could be injured in a garden accident if this duty is not upheld.
It will also provide information about evidence that will help demonstrate who was liable for your injuries and the suffering you experienced.
What’s more, we will explore the compensation that could be awarded for a successful personal injury claim and how this is calculated.
Read on for more information about claiming. Additionally, you can speak to our team if you have questions you’d rather ask directly. Find out more:
- Call us at 0800 073 8804
- Complete our ‘contact us’ form
- Speak to an advisor in the window below.
Choose A Section
- Can I Claim For An Accident In A Garden?
- Where Could You Be Injured In An Accident In A Garden?
- What Evidence Do I Need To Claim Compensation?
- Calculating Compensation For An Accident In A Garden
- Contact Our Team About Your No Win No Fee Garden Accident Claim
- Find Out More About Garden Accident Claims
Can I Claim For An Accident In A Garden?
Personal injury claims revolve around an individual’s ability to demonstrate that negligence occurred. This involves:
- A third party owing you a duty of care
- This duty of care being breached
- You experiencing physical or psychological harm as a result.
If you can prove these three points, it may mean you’re eligible to claim for the harm you experienced.
Liability For Workplace Accident Claims
As set out in the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. They must take practicable and reasonable steps to prevent injury to those at work and ensure the welfare, safety, and health of employees. This could involve:
- Maintaining work equipment and vehicles
- Providing employees with the required training to perform their duties
- Performing regular risk assessment checks and addressing any concerns they become aware of.
If your employer was notified that certain pieces of garden equipment had not been adequately maintained and you were then injured by these faulty tools, you may be eligible to start an accident at work claim.
Contact our team of advisors if you have questions about determining whether a workplace accident in a garden occurred due to your employer’s negligence.
Liability For Public Accident Claims
You may be eligible to claim against a person or party in control of a public space. This is known as a public liability claim. A piece of legislation called the Occupiers’ Liability Act 1957 establishes that a party controlling a public space must take steps to ensure the reasonable safety of those who use the space for its intended purpose.
To illustrate, someone may have reported a loose paving stone that wasn’t addressed or fixed in a reasonable time frame. As a result, someone may have tripped over and sustained a broken hip.
To learn more about the process of claiming against a negligent third party, contact our team of advisors. They can answer any questions you may have about public liability or workplace claims.
Where Could You Be Injured In An Accident In A Garden?
An accident in a public garden could occur in the following places:
- Restaurant garden
- Bar or pub garden
- Hotel garden
Additionally, you may be injured in a private garden while working as a gardener.
In these instances, you may be eligible to seek garden injury compensation if you can show a third party acted negligently.
If you have specific questions about the process of claiming compensation, contact our team of advisors. They can provide legal advice regarding your potential case.
What Evidence Do I Need To Claim Compensation?
To be awarded compensation for an accident in a garden, your personal injury claim must be successful. For this result, you must thoroughly establish third-party liability. This means that you must be able to prove that another person breached their duty of care, resulting in your injuries. This is one of the most important stages of the claims process.
You can prove third-party liability by providing evidence of how they were negligent and how this resulted in your injuries. Here are a few examples of evidence that you can obtain to support your claim:
- A copy of your medical report that states all of your injuries
- Copies of medical tests, scans and prescriptions
- CCTV or dashcam footage of your injury
- A copy of an accident report book if your accident was reported in one
- A copy of a police or fire report if they were called to the scene
- Witness contact details
- Photographs of your injuries or the scene of the accident
Understandably, you may still be recovering from your injuries or finding it difficult to obtain evidence. However, we have experienced solicitors who are here to help you find evidence that supports your claim. Once all of the evidence has been collected, our solicitors will review it all and begin to build your case.
To claim for an accident in a garden, get in touch with our friendly advisors today. They can discuss your eligibility status, explain the claims process and answer any important questions you may have.
Calculating Compensation For An Accident In A Garden
The award for personal injury claims can involve up to two heads of claim: one for the suffering caused by your injuries and another for the financial losses that result.
General damages compensation is calculated based upon the suffering you experience because of negligence. So, for instance, a severe head injury that leaves you with permanent cognitive impairment may receive a higher award than a laceration or scarring that is not grossly disfiguring and heals completely.
When calculating general damages, a solicitor can check the Judicial College Guidelines (JCG), a published document that contains compensation brackets for different types of injury.
We’ve included a table below that contains some of these guideline figures. We’ve also included a figure in the first row that shows you how you could be compensated for more than one injury and related costs. This figure was not taken from the JCG. Please remember it is only intended as a guide. The JCG does not fully reflect your individual circumstances.
Compensation Brackets
| Type of Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £1,000,000 or over |
| Head or Brain Injury | Moderately Severe | £267,340 to £344,150 |
| Head or Brain Injury | Moderate (ii) | £110,720 to £183,190 |
| Back Injury | Severe (i) | £111,150 to £196,450 |
| Back Injury | Moderate (i) | £33,880 to £47,320 |
| Knee Injury | Severe (i) | £85,100 to £117,410 |
| Knee Injury | Severe (ii) | £63,610 to £85,100 |
| Hand Injury | Amputation Of Index, Middle and/or Ring Fingers | £75,550 to £110,750 |
| Hand Injury | Serious | £35,390 to £75,550 |
| Other Arm Injuries | Permanent And Substantial Disability | £47,810 to £73,050 |
Calculating Special Damages Payouts
In addition, a successful claim may allow you to recoup the financial losses you experienced. The head of claim that compensates for these is known as special damages. It can help you reclaim:
- Loss of earnings
- The cost of medical treatments
- The cost of getting to and from medical appointments
Speak to our team for more information about special damages, as the list above is not comprehensive. Furthermore, an advisor can tell you about the evidence you need to provide in order to be reimbursed.
Contact Our Team About Your No Win No Fee Garden Accident Claim
One of our solicitors may be able to assist you with the process of claiming compensation. They generally offer their services under a specific kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
In working with a solicitor under the terms of a CFA, you typically wouldn’t have to pay for their services if your claim fails. Instead, they take a success fee at the end of the claim, if it succeeds. This fee is capped legislatively, so you won’t be overcharged.
Contact Us
Get in touch if you had an accident in a garden and would like to know more about the process of claiming for your injuries. Our friendly advisors can give you legal advice about the merits of your potential claim. Furthermore, they may be able to put you in contact with one of our solicitors. However, there is no obligation to continue using our services, so find out more today:
- Call us at 0800 073 8804
- Complete our ‘Contact Us’ form
- Speak to an advisor via the chat window below
Find Out More About Garden Accident Claims
Related guides:
- What Are Special Damages In Personal Injury Claims?
- Can I Claim For Medical Costs In A Personal Injury Claim?
- How Are Success Fees In Personal Injury Claims Calculated?
Further resources:
- Vision And Mission – Royal Society for the Prevention of Accidents (RoSPA)
- When To Use 111 – NHS
Thank you for reading this guide about your eligibility to claim for an accident in a garden. If you have further questions on this topic, speak to one of our advisors using the options mentioned above.
